Holding a packed courtroom in tight suspense to the end, a judge made a surprise show of leniency yesterday to former Contra Costa Supervisor Gayle Bishop by not sentencing her to state prison.

Instead, Bishop, 61, will be required to serve a six-month county jail term for her seven felony convictions on misuse of public office and lying to a grand jury. The same judge, John Tiernan, sentenced her earlier to three years behind bars, but two of her convictions were later overturned on appeal.

She is scheduled to surrender to authorities on Feb. 12, serve 30 days in custody and then will probably complete the sentence under home detention, Tiernan said.

Outside the courthouse, Bishop -- who said last week that she expected to be sent to prison -- called the idea of a county jail term "a bit shocking" but said she was pleased her punishment wasn't worse.

"I could cope with it, but I'm not sure my family could have," Bishop said, surrounded by her lawyers and husband, Jack Bishop. Asked if she had any special plans to commemorate her legal victory, Bishop noted somberly, "I don't think this is a time for celebration."

Tiernan, a visiting judge from Colusa County, announced his decision after a two-hour hearing during which Bishop's lawyers and Deputy Attorney General Michael O'Reilly revisited Bishop's criminal case.

A former teacher and lawyer, Bishop was elected to the county Board of Supervisors in 1992 on a platform of slow-growth in the San Ramon Valley. A neophyte politician, she quickly became known for a brusque style that often put her at odds with other supervisors and county officials.

Four years later, she was under investigation for improperly using her county staff to run her law practice and campaign for re-election. Bishop argued that she was the target of disgruntled developers and political enemies.

But in 1997, a jury convicted her of nine felonies. A year later, Tiernan sentenced her to three years in state prison but allowed her to remain free pending her appeals.

Since then, an appeals court has suggested that Tiernan's original sentence was too harsh and dismissed two perjury counts against her.

Tiernan admitted yesterday that he had had trouble deciding what the appropriate punishment should be for Bishop. What concerned the judge most was Bishop's attempt to cover up her crimes by lying under oath and her refusal to take responsibility or demonstrate regret for her actions in a statement she gave to probation officials.

"I was looking for the 'R' word," Tiernan said as an overflow crowd of Bishop's family and friends watched from the audience. "Was there some remorse? Did I miss it? I did not hear her saying, 'I did this wrong. I did that wrong.' "

O'Reilly had made a similar argument earlier after asking the judge to impose a two-year state prison sentence.

"She has never once expressed remorse or acknowledged responsibility for her conduct," the prosecutor said. "This is not someone accepting responsibility."

At that point, Bishop -- who has often responded emotionally at court appearances -- broke down in uncontrollable sobs, pressing her face to a courtroom table. Tiernan called a recess as she was led out by her lawyers and husband. Bishop, looking pale but composed, reappeared a few minutes later.

"She is sorry," he told Tiernan. "Let's bring this thing to a measured, just conclusion. I don't think anybody's going to say she got off easy. This is a sad day no matter what."

Tiernan predicted his decision would "shock" the attorneys, and Bishop's lawyers admitted being surprised to having won the long fight to keep Bishop out of prison.

"I'm happy she didn't go to prison," Rosenthal said. "I'm sad she had to reach this point. There seemed to be so much momentum that had built up against Gayle, I wasn't sure we could put the brakes on it."

As part of the sentence, Bishop must perform 300 hours of community service and pay about $7,000 in restitution fines. She is barred from having any contact with the four former members of her staff who complained of her conduct to county officials. She can no longer teach, practice law, vote or hold public office.

After the hearing, O'Reilly declined to comment. But Contra Costa Deputy District Attorney James Sepulveda, who prosecuted Bishop under the auspices of the attorney general's office, watched grimly as Tiernan pronounced the sentence.

"I think the system worked," Sepulveda said when asked for his comment. "Everyone got a fair hearing. That's all I have to say about it."